Amritpal Singh v. University Of Delhi And ORS.
$~34 to 39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1925/2020 & CM APPL. 6735/2020 VIPUL & ORS ..... Petitioners Through:
Mr. Ankit Singh with Mr. Inderjeet, Advocates.
versus UNIVERSITY OF DELHI & ORS ..... Respondents Through:
Mr. M.J.S. Rupal with Mr. Kousik Ghosh, Advocates for respondent/UOD.
Mr. T. Singhdev with Ms. Arunima Pal with Mr. Abhijit Chakraborty, Ms. Puja Sarkar and Ms. Michelle B.
Das, Advocates for respondent/MCI.
+ W.P.(C) 1965/2020 AMRITPAL SINGH ..... Petitioner Through:
Mr. Rajiv Dewan, Advocate.
versus UNIVERSITY OF DELHI AND ORS.
..... Respondents Through:
Mr. M.J.S. Rupal with Mr. Kousik Ghosh, Advocates for respondent/UOD.
Mr. T. Singhdev with Ms. Arunima Pal with Mr. Abhijit Chakraborty, Ms. Puja Sarkar and Ms. Michelle B.
Das, Advocates for respondent/MCI.
+ W.P.(C) 1966/2020 PRABHAT KAUSHAL ..... Petitioner
Through:
Mr. Rajiv Dewan, Advocate.
versus UNIVERSITY OF DELHI AND ORS.
..... Respondents Through:
Mr. M.J.S. Rupal with Mr. Kousik Ghosh, Advocates for respondent/UOD.
Mr. T. Singhdev with Ms. Arunima Pal with Mr. Abhijit Chakraborty, Ms. Puja Sarkar and Ms. Michelle B.
Das, Advocates for respondent/MCI.
+ W.P.(C) 1967/2020 AADITYA YADAV ..... Petitioner Through:
Mr. Rajiv Dewan, Advocate.
versus UNIVERSITY OF DELHI AND ORS.
..... Respondents Through:
Mr. M.J.S. Rupal with Mr. Kousik Ghosh, Advocates for respondent/UOD.
Mr. T. Singhdev with Ms. Arunima Pal with Mr. Abhijit Chakraborty, Ms. Puja Sarkar and Ms. Michelle B.
Das, Advocates for respondent/MCI.
+ W.P.(C) 1975/2020 JITENDRA KUMAR ..... Petitioner Through:
Mr. Rajiv Dewan, Advocate.
versus UNIVERSITY OF DELHI AND ORS.
..... Respondents
Through:
Mr. M.J.S. Rupal with Mr. Kousik Ghosh, Advocates for respondent/UOD.
Mr. T. Singhdev with Ms. Arunima Pal with Mr. Abhijit Chakraborty, Ms. Puja Sarkar and Ms. Michelle B.
Das, Advocates for respondent/MCI.
+ W.P.(C) 1981/2020 PARMANYU ..... Petitioner Through:
Mr. Rajiv Dewan, Advocate.
versus UNIVERSITY OF DELHI AND ORS.
..... Respondents Through:
Mr. M.J.S. Rupal with Mr. Kousik Ghosh, Advocates for respondent/UOD.
Mr. T. Singhdev with Ms. Arunima Pal with Mr. Abhijit Chakraborty, Ms. Puja Sarkar and Ms. Michelle B.
Das, Advocates for respondent/MCI.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
O R D E R
% 25.02.2020 CM APPLs. 6898/2020, 6901/2020, 6902/2020, 6917/2020 & 6925/2020 (Exemptions) 1.
Allowed, subject to just exceptions.
W.P.(C) 1925/2020 & CM APPL. 6735/2020, W.P.(C) 1965/2020, W.P.(C) 1966/2020, W.P.(C) 1967/2020, W.P.(C) 1975/2020 & W.P.(C) 1981/2020 2.
Mr. Kousik Ghosh and Mr. T. Singhdev have returned with
instructions.
3.
To be noted, Mr. Kousik Ghosh appears on behalf of respondent no. 1 & 2/University of Delhi (in short "UOD") while Mr. Singhdev appears on behalf of respondent no. 3/The Medical Council of India (in short "MCI"). 4.
Both counsels concede that the marks obtained in the concerned subject by the petitioners in the captioned matters will have to be reevaluated in the light of the following judgment: Maharashtra University of Health Sciences Vs. Paryani Mukesh Jawaharlal & Ors. (2007) 10 SCC
201. It is further submitted by counsel that if marks are re-evaluated as per the ratio of the aforementioned judgment, the petitioners would have to be declared passed.
5.
For the purpose of convenience, Mr. Singhdev has placed before me a chart setting out the name of each of the petitioners and the relevant subject in which she/he has been declared failed and the reason as to why he/she has come to such a pass.
6.
The details given by Mr. Singhdev are set up hereafter:- Third Professional M.B.B.S. Examination, 2019 S.No Subject in Particulars Reason which the concerned petitioner has failed 1.
Medicine Vipul 1925/2020
-failed by 4 marks in 2nd Paper 2.
Medicine Charan Adhar 1925/2020 Chaudhary -failed by 3 marks in 1st Paper & 4 marks in 2nd Paper 3.
Obstetrics & Amir Gynecology Rasheed 1925/2020 -failed by 3 marks in 2nd Paper 4.
Paediatrics Amritpal Singh 1965/2020 -failed by 1 mark in 1st Paper Medicine Prabhat Kaushal
1966/2020 -failed by 5 marks in 1st Paper 6.
Medicine Aaditya Yadav 1967/2020 -failed by 4 marks in 1st Paper & 4 marks in 2nd Paper Obstetrics & Gynecology -failed by 3 marks in 1st Paper & 1 mark in 2nd Paper 7.
Paediatrics Jitender Kumar 1975/2020 -failed by 1 mark in 1st
Paper 8.
Obstetrics & Parmanyu Gynecology 1981/2020 -failed by 3 marks in 1st Paper 7.
Accordingly, the captioned petitions are disposed of with a direction to the University of Delhi to declare the aforementioned petitioners passed in the concerned subject in respect of the Third Professional MBBS examination, 2019, in line with the ratio of the aforementioned judgment. 8.
Consequently, the respondent no. 1 & 2/UOD will issue a fresh marksheet to the petitioners within two weeks from the date of receipt of a copy of the order passed today.
9.
Consequently, pending applications shall stand closed. 10.
Dasti under signatures of the Court Master.
RAJIV SHAKDHER, J FEBRUARY 25, 2020 c